Counsel News and Events for Attorneys and Executives

Commercial

Defend, Indemnify, Hold Harmless – What This Contract Language Means for A/E Professionals

Insight
J. Brandon Sieg of Vandeventer Black LLP addresses the question of what is meant when a contract requires an architect or engineer to “defend, indemnify, and hold harmless” the project owner for specific (or not so specific) types of claims that might arise in the future.

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Vendor Risk Management as Applied to Fintech Contracts

Vendor Risk Management as Applied to Fintech Contracts

Insight
Regulatory compliance is an area of fundamental concern – not only for strategic investors – but also for financial institutions contracting for services from financial technology providers, warns Adam Chernichaw of White & Case.

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2018’s Top 10 Legal Challenges in Privacy and Data Security

2018’s Top 10 Legal Challenges in Privacy and Data Security

Insight
In an article for Bloomberg Big Law Business, Wiley Rein LLP’s Kirk Nahra details the top-10 U.S. and international developments in 2018 that companies must be aware of to ensure an effective information security program.

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Southwest Airlines Reaches $15 Million Settlement in Price Collusion Lawsuit

Southwest Airlines Reaches $15 Million Settlement in Price Collusion Lawsuit

News
Southwest Airlines agreed to pay $15 million to settle nationwide antitrust litigation by passengers who accused the four largest U.S. carriers of conspiring to raise fares by reducing seating capacity, reports Fortune.

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Software License Checklist for Licensees: 20 Issues to Consider

Insight
When entering into licenses for commercially available, off-the-shelf software products, it is common to use the “vendor’s paper” for contracting, according to a post on Morgan, Lewis & Bockius LLP’s Tech & Sourcing blog.

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Third-Party Risk Management: Aligning Supplier Onboarding to Contract Onboarding

On-Demand
An on-demand webinar on Determine Inc.’s website discusses best practices for initiating third-party risk efforts by improving the integration of supplier onboarding and contract management.

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Keep SaaS And Cloud Contracts Light On Specifics, But Heavy On Revenue Opportunities

Keep SaaS And Cloud Contracts Light On Specifics, But Heavy On Revenue Opportunities

Insight
Solution providers shouldn’t let long, tedious contracts get in the way of closing deals, advised lawyer Mark D. Grossman when he spoke at the Ingram Micro One conference, according to CRN.

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Drafting Matters: Do Your Non-Competes Bind the Correct Parties?

Insight
Franchisors should ensure that their franchisees’ owners and key employees, especially those with access to confidential materials and training, sign non-competes in their individual capacities, advises Fox Rothschild.

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2017 Data Discovery: Celebrity Lessons on Litigation, Legal Ethics, and e-Discovery

Webinar, Dec. 14, 2 p.m. EST
Reed Smith LLP will present a webinar offering a look back on celebrity data discovery law in 2017 and how it affects you and your organization.

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HousingWire Webinar: Digital Montgages – Don’t Get Left Behind

HousingWire Webinar: Digital Montgages – Don’t Get Left Behind

Event, Dec. 14, 2 p.m. EST
HousingWire will present a complimentary webinar on digital mortgages on Thursday, Dec. 14, 2017, at 11 a.m. Pacific time / 2 p.m. Eastern time.

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Assignment and Delegation in Contracts: Not Just Boilerplate

Insight
Peter M. Watt-Morse and Christopher C. Archer provide an overview of some of the key issues that should be considered when drafting an assignment provision for commercial and technology agreements.

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Is Non-Compete in Purchase/Sale of Family-Owned Business Enforceable?

Insight
Michael P. Connolly discusses the case of E.T. Products, LLC v. D.E. Miller Holdings, Inc., in which the United States Court of Appeals for the Seventh Circuit recently addressed the enforceability of non-compete agreements that had been negotiated in connection with a sale of a business.

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Governing Law and Jurisdiction or Forum Clauses Same Country/Different Country? How to Decide

Governing Law and Jurisdiction or Forum Clauses Same Country/Different Country? How to Decide

Insight
Contract drafters sometimes confuse governing law clauses and jurisdiction clauses, according to a post on the website of Wilk Auslander.

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Bankrupt Toys R Us Can Pay Executives Millions of Dollars in Bonuses, Judge Rules

Bankrupt Toys R Us Can Pay Executives Millions of Dollars in Bonuses, Judge Rules

News
Attorneys for the company argued in court papers that the bonuses would help encourage executives to focus on driving up sales as the holidays approach, reports The Washington Post.

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J&J, Bayer Ordered to Pay $28 Million in First Xarelto Loss

News
The jury in Philadelphia on Tuesday ordered J&J and Bayer, which jointly developed the product, to pay $1.8 million in actual damages and $26 million in punitive damages, Bloomberg reports.

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National Ranking Guide Names AZA to Best Law Firms List for Sixth Year

National Ranking Guide Names AZA to Best Law Firms List for Sixth Year

News
Houston’s AZA is listed in the 2018 top tier of area metropolitan law firms for commercial litigation. The selection of Best Law Firms is based on a rigorous process that includes client and lawyer evaluations and peer review from other attorneys in the same practice areas.

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A Twist in Oil Patch Arbitration

Insight
Charles Sartain of Gray Reed discusses a recent case in which parties to the sale of a business sent their dispute to accountants to arbitrate.

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Fixed-Price Contracts Are Simple – Or Are They?

Fixed-Price Contracts Are Simple – Or Are They?

Insight
Marion T. Hack of Pepper Hamilton examines the definition of fixed-price contracts and cases in which the audit provision in the contract has been unsuccessfully used to assert claims for reimbursement and False Claims Act liability.

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ITAR For Government Contractors

ITAR For Government Contractors

Webinar, Dec. 13, 2017, 1 p.m. EST
An upcoming webinar presented by Williams Mullen’s International Practice Group will provide an overview of ITAR for government contracts executives and an update on recent developments in the law.

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Judge to Trump Firms: Save Records for AGs’ Emoluments Lawsuit

News
The AGs claim that the president’s continued ownership of his business empire allows him to make money from foreign and domestic governments.

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